Im leaving for Iraq, will my daughter be taken away?

Question

I am the single mother of a 4 year old daughter. She has been raised since birth by my mother and myself. She's never had regulated visitation with her birth father and he only sees her once every 2-3 months and pays no child support. He does not have a stable job, car , or home. I was offered a job with KBR which will give me the oppurtunity to provide well for my family (my mother and daughter). I would have to work in Iraq for a year but i can come visit every 120 days. I plan to give my mom a power of attorney for the care of my daughter. If my daughter's father wanted to be a jerk and take my daughter from my mom, could he? Im afraid of that happening especially since my daughter is only used to living with my mom and myself?? What legal steps can I take to keep this from happening???

Answer 1

One of my co-workers is a single mom who was in the Reserves. She was activated and sent to Iraq. Her son was placed with her sister, not her ex-husband. She completed a written designation of guardian. The law of many states provides:

Instead of going through the probate court, a child’s parents can also designate someone to assume guardianship if a specific event occurs. The designation must be made in writing and witnessed by two people. In order for the guardianship to become effective, the “standby” guardian must produce a written, witnessed document signed under penalty for false statement that the contingent event has occurred (CGS §§ 45a-624 to –624g).

Stay safe. BTW, my friend is back from Iraq and but is still on active duty in Virginia.

Answer 2

What steps you must take to protect your daughter from her father, depends on the state in which you live. Phoning the Attornys General's Office to see what they have on phamplets pon custody issue, the Legal aid, and your States Bar Association.

These places Could Give you an idea of what must be done. Ss if you must give your mother actual Temp. Custody, along with the Power of Attorney. Make out a will asigning custody to your mother.

There are Children Groups of parents who lost cusody sometimes to the state, they might have ideas.

It does not sound logical that any state allows any biologial parent to take the child without notifying the other party of a court date, and a hearing first. This is something to research BEFORE leaving.

Answer 3

Well he can try to get custody at ANY TIME. Even if you don't go to Iraq. And he may have a leg to stand on because the courts give priority over parents other than grandparents. It is in your favor that he has never had anythign to do with her, but he still would have a chance. You really can't stop it from happening. Even if your mom adopted her from you, the baby's dad would have a choice to fight it in court. You couldn't get a restraining order as others suggested unless you were fearful of him.

Answer 4

I would say get a restraining order for your child and your mom. That would keep him away as long as your mother calls the police whenever she see's him.There's no absolute way of keeping him away besides him being in jail.
Congrats on the new job and I hope this helps a little.

Answer 5

the only way the state could take her from you is to prove your an unfit parent or so i think im mean your going over there to fight for us so how does that make u an unfit parent they will have temp custody "temp" custody well good luck and you can always check with an attorney they give free consults good luck from mom 2 mom

Answer 6

I would consult with a lawyer and read up on Child Custody laws in your state, immediately, before you go.

Answer 7

maby you can get custody of her? but make sure she still gets to see her dad. every child needs some sort of father in their life. and its important that they get to hang out with him growing up.